BARKS v. HERZBERG


206 A.2d 507 (1965)

Robert W. BARKS, Plaintiff Below, Appellant, v. Denny J. HERZBERG, Defendant Below, Appellee.

Supreme Court of Delaware.

Reargument Denied January 28, 1965.


Attorney(s) appearing for the Case

James P. D'Angelo and John A. Faraone, Wilmington, for appellant.

Harold Schmittinger and Nicholas H. Rodriguez, Dover, Delaware, for appellee.

WOLCOTT and CAREY, Justices, and SEITZ, Chancellor, sitting.


WOLCOTT, Justice.

This is an appeal by the plaintiff upon the issue of damages only from a judgment of $1,000.00 in his favor. The basis of the appeal is his contention that the amount of the award is wholly inadequate in the light of the evidence produced. The trial was before the Court in the absence of a jury.

Briefly, the facts are that the plaintiff, an operator of heavy machinery, while going to his job site...

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